Burkina Faso 1994
Score = 15
Governed by: Loi 15/94 du mai 1994 portant organisation de la concurrence au Burkina Faso. [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 |
Remedies |
| Remedies | Fines | 1 | Articles 53-65 impose fines and imprisonment for violations of the Act.
|
| Prison Sentences | 1 | Articles 53-65 impose fines and imprisonment for violations of the Act.
| |
| Divestitures | 0 |
Private Enforcement | |
| Private Enforcement | 3rd Party Initiation | 1 | Article 52 allows anybody injured by violations to bring a civil suit.
|
| Remedies Available to 3rd Parties | 1 | Article 52 allows anybody injured by violations to bring a civil suit.
| |
| 3rd Party Rights in Proceedings | 0 |
Merger Notification | |
| Merger Notification | Voluntary | 0 |
|
| Mandatory | 0 |
| |
| Pre-merger | 0 |
| |
| Post-merger | 0 |
Merger Assessment | |
| Merger Assessment | Dominance | 0 |
|
| Restriction of Competition | 0 |
| |
| Public Interest (Pro D) | 0 |
| |
| Public Interest (Pro Authority) | 0 |
| |
| Other | 0 |
| |
| Efficiency | 0 |
Dominance | |
| Dominance | Limits Access | 1 | Article 6 prohibits dominant firms from limiting access to the market.
|
| Abusive Acts | 1 | Article 6 prohibits abusive acts by dominant firms.
| |
| Price Setting | 1 | Article 6 prohibits setting prices
| |
| Discriminatory Pricing | 1 | Article 6 prohibits dominant firms from discriminatory pricing.
| |
| Resale Price Maintenance | 1 | Article 9 prohibits RPM
| |
| Obstacles to Entry | 0 |
| |
| Efficiency Defense | 1 | Article 8 provides an efficiency defense for article 6 violations.
Restrictive Trade Practices | |
| Restrictive Trade Practices | Price Fixing | 1 | Article 1 prohibits setting prices
|
| Tying | 1 | Article 14 prohibits tying.
| |
| Market Division | 1 | Article 5 prohibits market division.
| |
| Output Restraint | 1 | Article 5 prohibits output restraint
| |
| Market Sharing | 0 |
| |
| Eliminating Competitors | 1 | Article 5 prohibits limiting the exercise of competition by other companies.
| |
| Collusive Tendering/Bid-Rigging | 0 |
| |
| Supply Refusal | 0 |
| |
| Efficiency Defense | 1 | Article 8 provides an efficiency defense for article 6 violations.
|
References
- ↑ Available at, http://www.artel.bf/Concurrence.html (translation by Sean Miller).